Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
North Dakota Settles With Three Gaming Companies Accused of Exploiting Nonprofit
On July 6, North Dakota Attorney General Drew Wrigley announced a settlement of an administrative complaint, accusing Western Distributing Company and affiliate companies Plains Gaming Distributing Inc. and Midwest Gaming Distributing Inc. of violating the state’s gambling laws and regulations by facilitating excessive rent payments and attempting to influence bars’ charitable gambling activities through the Wall of Honor veterans nonprofit.
MDL Panel Applies Procedural Rule to Texas-Led Multistate Action Against Google
On June 5, the Judicial Panel on Multidistrict Litigation (JPML) in Texas v. Google, LLC ruled that the State Antitrust Enforcement Act of 2021 applies to pending state antitrust enforcement actions, including to actions the JPML previously centralized. Specifically, the JPML ordered that a 16-state multistate attorneys’ general antitrust litigation against Google should be remanded to federal court in Texas.
Ten State AGs Sue Coinbase, Alleging Securities Law Violations
On June 6, Alabama, California, Illinois, Kentucky, Maryland, New Jersey, South Carolina, Vermont, Washington, and Wisconsin each filed enforcement actions against leading cryptocurrency exchange Coinbase and its parent, alleging that Coinbase’s staking rewards program constituted unregistered securities sales in violation their states’ securities laws. These actions followed an investigation by a multistate task force with assistance from the Securities and Exchange Commission (SEC).
State Attorney General Actions: How Outside Counsel for AGs Changes the Game
Ashley Taylor, Ryan Strasser and Amy Pritchard Williams of Troutman Pepper Hamilton Sanders LLP discuss the involvement of outside counsel in representing state Attorney Generals and how that involvement can affect the dynamics of the litigation.
Thirteen Democratic AGs Encourage EPA to Adopt Stricter Standards for Ethylene Oxide
On June 27, Illinois AG Kwame Raoul led a coalition of 13 Democratic attorneys general nationwide in submitting a letter to the Environmental Protection Agency (EPA), supporting more stringent regulation of ethylene oxide (EtO) emissions. In their letter, the coalition urged the EPA to adopt proposed amendments to EtO standards under the National Emission Standards for Hazardous Air Pollutants program (NESHPA), and also offered several recommendations for more regulatory requirements “based on several states’ experiences regulating commercial sterilizers.”
Bipartisan State AGs Support FTC’s Amendments to Negative Option Rule
The New York and Pennsylvania state attorneys general recently led a bipartisan coalition of 26 state AGs in a letter, supporting the Federal Trade Commission (FTC)’s proposed rule amending the Negative Option Rule.
Senators Urge State AGs to Protect Consumers From Cash Homebuying Companies
On June 13, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra provided the CFPB’s semiannual report to Congress, which included concerns about predatory house-flipping practices by companies like HomeVestors. Afterwards, Senate Subcommittee on Housing, Transportation, and Community Development Chair Tina Smith (D-MN) and Senate Ranking Member Lummis (R-WY) sent a letter to the National Association of Attorneys General (NAAG), requesting a coordinated effort to prevent cash homebuyers from entrapping sellers into unfair contracts.
Are FOIA Laws in Need of Updating?
The federal government, the District of Columbia, and each of the 50 states have Freedom of Information Act (FOIA) laws that allow individuals to file requests for specific public documents with government agencies and quickly receive them unless the documents are subject to statutory exemptions. As most federal and state FOIA statutes were originally passed in the late 1960s, they impose some duties upon government agencies that many believe no longer make sense in the digital era.
Twenty-Three State AGs Urge NTIA to Prioritize AI Regulation
On June 12, a bipartisan group of 23 attorneys general wrote a letter to the chief counsel for the National Telecommunications and Information Administration (NTIA), recommending a risk-based approach to a regulatory framework for using and deploying AI technology. Driven by their “extensive experience enforcing data privacy and consumer protection laws,” the AGs noted that states, such as Colorado, California, Connecticut, Tennessee, and Virginia, already regulated AI through their respective state data protection and privacy laws.